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2010-UP-029 - The State v. Mildred Diamond

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Mildred Gail Diamond, Appellant.


Appeal from Richland County
James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2010-UP-029
Submitted January 4, 2010 – Filed January 25, 2010 


APPEAL DISMISSED


Appellant Defender Robert M. Pachak, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  Mildred Gail Diamond appeals her conviction for trafficking in crack cocaine, arguing that the trial court provided an erroneous jury instruction on reasonable doubt.  After thoroughly reviewing the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Diamond's appeal and grant counsel's petition to be relieved.[1]  

APPEAL DISMISSED.

HUFF, A.C.J., GEATHERS, J. and CURETON, A.J., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.